|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 25, 2019||referred to codes|
senate Bill S4774
Current Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4774 (ACTIVE) - Details
S4774 (ACTIVE) - Summary
Permits at the discretion of the court certain members of the deceased victim's family to read statements in court during the sentencing of a defendant, rather than allowing only a single member of the victim's family to read a statement in court, upon consultation with counsel for the defendant and the people.
S4774 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4774 SPONSOR: JORDAN TITLE OF BILL: An act to amend the criminal procedure law, in relation to permitting at the discretion of the court certain family members of a victim who is deceased to read statements in court during the sentencing of a defendant PURPOSE: To correct an unintended flaw in the statute that effectively prohibits any discretion of the judge to allow for more than one of the victims' family members to address the court. SUMMARY OF PROVISIONS: This bill amends subparagraph 2 of paragraph (a) of subdivision 2 of section 380.50 of the criminal procedure law, as separately amended by chapters 173 and 198 of the laws of 1996, to allow a presiding judge the discretion to allow statements on behalf of a victim by an immediate family member or up to two members, on consultation with counsels for
S4774 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4774 2019-2020 Regular Sessions I N S E N A T E March 25, 2019 ___________ Introduced by Sens. JORDAN, FUNKE, O'MARA, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to permitting at the discretion of the court certain family members of a victim who is deceased to read statements in court during the sentencing of a defendant THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph 2 of paragraph (a) of subdivision 2 of section 380.50 of the criminal procedure law, as separately amended by chapters 173 and 198 of the laws of 1996, is amended to read as follows: (2) if such victim is unable or unwilling to express himself or herself before the court or a person so mentally or physically disabled as to make it impracticable to appear in court in person or the victim is deceased, a member of the family of such victim, EXCEPT THAT WHERE SUCH VICTIM IS DECEASED AND SURVIVED BY BOTH A SPOUSE AND A PARENT OR PARENTS, THE COURT IN ITS SOLE DISCRETION MAY ALLOW A SPOUSE OR PARENT OR, UPON CONSULTATION WITH COUNSEL FOR THE DEFENDANT AND THE PEOPLE, ALLOW BOTH TO MAKE A STATEMENT ON BEHALF OF SUCH VICTIM, or the legal guardian or representative of the legal guardian of the victim where such guardian or representative has personal knowledge of and a relationship with the victim, unless the court finds that it would be inappropriate for such person OR PERSONS to make a statement on behalf of the victim. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03636-01-9
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